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R1 Visa To Green Card Priority Date

The priority date for transitioning from an R-1 visa to a Green Card is a crucial factor in the immigration process. In this context, the priority date refers to the date when the Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) is filed with U.S. Citizenship and Immigration Services (USCIS). This date is used to determine when an individual becomes eligible to apply for an immigrant visa (Green Card), particularly if there is a backlog for visa numbers in the EB-4 category, which includes religious workers.

Here’s how the process works in terms of priority dates and Green Card eligibility:

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1. Filing Form I-360 (Immigrant Petition for Special Immigrants)

  • The priority date is set when your employer (the sponsoring religious organization) files Form I-360 on your behalf with USCIS. This petition is specifically for religious workers applying for a Green Card under the EB-4 category.

2. Visa Bulletin and Priority Date

  • The U.S. Department of State issues a monthly Visa Bulletin, which outlines the priority dates currently eligible for Green Card processing. If the demand for EB-4 visas exceeds the supply, a backlog occurs, and you must wait for your priority date to become current before you can proceed with the next step in the Green Card process.
  • When your priority date becomes current, you can either apply for Adjustment of Status (Form I-485) if you are already in the U.S. or apply for an immigrant visa at a U.S. consulate abroad.

3. Adjustment of Status (Form I-485)

  • If you are already in the U.S. on an R-1 visa, and your priority date is current, you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) to adjust your status from R-1 to a Green Card holder.
  • If you are outside the U.S., you will need to go through consular processing and attend an interview at a U.S. consulate.
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4. Priority Date Waiting Time

  • The waiting time for the priority date to become current depends on the demand for visas in the EB-4 category. While the EB-4 category generally has a shorter backlog than other employment-based categories (like EB-2 or EB-3), it is still subject to visa availability based on your country of origin. Some countries may experience longer wait times if there is a high volume of applicants.

5. Concurrent Filing

  • In some cases, if your priority date is current when you file Form I-360, you may be able to file Form I-485 concurrently. This means that you can apply for the Green Card (Adjustment of Status) at the same time the I-360 petition is filed.
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6. Timeline for R-1 Visa to Green Card

  • The timeline for moving from an R-1 visa to a Green Card depends heavily on the availability of visa numbers in the Visa Bulletin and how quickly your priority date becomes current. In general, the process can take anywhere from several months to a few years, depending on the backlog in the EB-4 category.

The priority date is an important part of the Green Card process, as it determines when you can move forward with your application. By keeping an eye on the Visa Bulletin and ensuring your priority date is current, you can ensure a smooth transition from an R-1 visa to U.S. permanent residency.

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